The Supreme Court on Wednesday stayed “annoying” the Bombay High Court (HC) which stated that fumbling a little girl without touching her skin did not number sexual violence under the protection of children against sexual violations (Pocso).
Lawyer General KK Venugopal said the verdict was passed by a judge from the Nagpur Bombay HC bench on January 19. With this command, the court freed a man accused of groping a 12-year-old girl. HC was appealed to free him from this accusation and hold him guilty only under the persecution can be punished by one year under the IPC part 354.
The three judges led by Cji Sa Bobde issued a notice to the government accused and Maharashtra to answer within two weeks. “Meanwhile, we remain the defendant of the defendant in connection with part 8 Pocso,” said the bench also consisted of judges as Bopanna and V Ramasubramanian.
Ag, “his order is very disturbing and the possibility of determining a dangerous precedent.” He asked the court to consume Suo Motu’s awareness when he was in the process of filing a petition against the command.
The bench allowed AG to apply and just liberate the man.
HC has argued that there was no violation below the part 8 Pocso was made because there was no physical contact. The man was accused of groping the girl and released his salwar.
AG said, “This is an unprecedented command because it means that if the cloth is touched, there is no case below section 8 made. This court must pay attention to the verdict.”
The defendant was previously punished by the court of trial below part 8 Pocso and sentenced to three years.
The Apex court will check this problem after two weeks.